By some interpretations, a controversial South Dakota bill would make the killing of an abortion doctor a "justifiable homicide." Pictured: The annual March for Life in Washington D.C. Getty

February 15, 2011

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According to an "incendiary"Mother Jones report, some South Dakota leaders want to legalize the murder of abortion providers. A bill being considered by state legislators would alter the definition of "justifiable homicide" to include killings in the name of preventing harm to a fetus, a change "that could make it legal to kill doctors who perform abortions," says Kate Sheppard in Mother Jones. "In theory," the bill would "allow a woman's father, mother, son, daughter, or husband to kill anyone who tried to provide that woman an abortion — even if she wanted one," says Sheppard, who notes that the bill's sponsor, Rep. Phil Jensen, is "a committed foe of abortion rights," and that South Dakota already has some of the "most restrictive abortion laws in the country." Is Sheppard's interpretation of the bill accurate?

But the bill is too ambiguous: Even given Jensen's point that the bill pertains only to illegal acts, says Amy Sullivan at Time, "that's an awfully thin semantic line... especially given the increasing array of restrictions that surround abortion in the state." What if a doctor performs an abortion on a teen who has not obtained her parent's consent, as required by South Dakota law? Does that mean the abortion is illegal and, therefore, that "the doc is fair game" for a would-be murderer?"Re: so much for thou shalt not kill"